Nyakundi & others v Veew Distributors Ltd (Cause E742 of 2022) [2023] KEELRC 867 (KLR)
The bottom line
#Kenya's Employment Court kept its jurisdiction over a Kshs 21,000/month worker's claim but transferred it to the Chief Magistrates Court to ease its caseload.
What this practically means
#Executive summary
#Key legal issues
#Pecuniary jurisdiction of the ELRC over a claim where the claimant earned Kshs 21,000 per month
The ELRC retains jurisdiction under section 12 of the ELRC Act notwithstanding Gazette Notice 6024 of 2018, but the court discretionarily referred the matter to the Chief Magistrates Court as the appropriate forum for such pecuniary status
The court noted that Gazette Notice No. 6024 of June 2018 empowers subordinate courts to determine employment disputes for claimants earning not more than Kshs 80,000 per month. However, this did not remove the ELRC's jurisdiction under section 12 of its Act. Balancing continued ELRC jurisdiction with the need for tidy case management and the ELRC backlog, the court found no bar to transferring cases of relevant pecuniary status to subordinate courts and did so here.
Identification of the claimants where the pleadings header reads 'Wilfred Nyakundi & Others' but names Andriano/Adrian Mangi in the body
The omission is a curable technicality; the in-person claimants were permitted to insert the co-claimant's name in the heading and remove the words 'and another'
The court observed that the claimants, though they did not quote the co-claimant in the header, did include him in the pleadings. Acting under Article 159(2)(d) of the Constitution, which requires courts to dispense justice without undue regard to technicalities, the court allowed the claimants to correct the heading rather than strike out or dismiss the claim for misjoinder or description defects.
Legal principles established
#- Gazette Notice No. 6024 of 2018 conferring power on subordinate courts to hear employment disputes where the monthly wage does not exceed Kshs 80,000 did not divest the ELRC of its jurisdiction under section 12 of the ELRC Act
- The ELRC may nonetheless, as a matter of case management and in light of its backlog, transfer claims within the pecuniary jurisdiction of subordinate courts to those courts
- Courts should eschew undue technicality, and an in-person claimant may amend the heading of pleadings to correctly name a co-claimant
Court orders
#- 1.The case no. 742 of 2022 is referred/transferred to the Chief Magistrates Court for hearing and determination
- 2.The claimants, acting in person, may insert the name of the next claimant (Adrian Mangi) on the heading of the claim and remove the words 'and another'
- Jurisdiction invoked
- Section 12 of the Employment and Labour Relations Court Act; Gazette Notice No. 6024 of June 2018; Article 159(2)(d) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyakundi & others v Veew Distributors Ltd (Cause E742 of 2022) [2023] KEELRC 867 (KLR)", Case Analysis (2023). Case No. 742 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/867/eng@2023-03-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.